The release of the highly-anticipated sequel to The Hangover could be delayed because Mike Tyson's tattoo artist is suing Warner Brothers for using what he claims is the same tattoo Tyson has around his left eye, on Ed Helms' character.

The award-winning tattoo artist, S. Victor Whitmill, filed suit in late April against the movie studio for copyright infringement. Whitmill claims the movie studio never requested permission from him to recreate the art.

Tyson has a small role in the first film, but was not named in the lawsuit.

Warner Brothers has responded to the suit claiming that delaying the film would incur massive costs, and calling Whithill's charges a "radical claim that he is entitled, under the Copyright Act, to control the use of a tattoo that he created on the face of another human being." WB claims use of the ink job is covered under fair use law because Tyson and his tattoo are well-known in pop culture.

If Tyson commissioned the tattoo and paid for it, wouldn't he potentially own the copyright since it was a work-for-hire? If Tyson doesn't care, should Whitmill?